Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st July, 2015.

I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving further effect to Regulation (EC) No. 852/2004 of the European Parliament and of the Council of 29 April 2004¹ and Regulation (EC) No. 853/2004 of the European Parliament and of the Council of 29 April 2004² , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Food and Feed Hygiene)(Amendment) (No. 2) Regulations 2015.

2. The European Communities (Food and Feed Hygiene) Regulations 2009 ( S.I. No. 432 of 2009 ) are amended by the insertion after Regulation 2(3) of-

“(4) Regulation (EC) No. 852/2004 and Regulation (EC) No. 853/2004 do not apply to the supply by a primary producer of up to 30 litres per week of raw milk within 20 kilometres of the holding where the milk produced is supplied directly-

(a) to the final consumer, or

(b) to retail establishments that directly supply the final consumer.”.

GIVEN under my Official Seal,

13 July 2015.

SIMON COVENEY,

Minister for Agriculture, Food and the Marine.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

This Instrument specifies that Regulation (EC) 852/2004 and Regulation (EC) 853/2004 do not apply to the supply of raw milk by a primary producer of up to 30 litres per week of raw milk within 20 kilometres of the holding where the milk produced is supplied directly-

(a) to the final consumer, or

(b) to retail establishments that directly supply the final consumer.

The provisions of Regulation (EC) 852/2004 and Regulation (EC) 853/2004 are applicable to the supply of raw milk by a primary producer outside of the specified thresholds.

1 O.J. No. L 139, 30.04.2004, p.1

2 OJ No L 139, 30.04.2004, p. 55